Consultation Paper on Alternative Dispute Resolution - Law Reform ...

family consultants) under the 1975 Act when giving advice to people in relation
to parenting plans. Two different types of information must be provided under
this section, depending on whether an adviser is advising people generally
about arrangements for children after separation or providing specific advice in
connection with the making of a parenting plan. Advisers assisting or advising
people about parental responsibility following the breakdown of a relationship
must inform the people they are advising:
• that they could consider entering into a parenting plan, and
• about the services that are available to provide assistance to
develop a plan.
5.28 When advising people about the making of a parenting plan, an
adviser must inform them, that where it is in the best interests of the child and
reasonably practicable, they could consider as an option an arrangement where
they equally share the time spent with the child and that if an equal time
arrangement is not appropriate, they could consider whether an arrangement
where the child spends substantial and significant time with each person would
be in the best interests of the child and reasonably practicable. This ensures
that the focus is not just only on the amount of time that each parent spends
with the child but also on the type of time that is spent.
(c) Parenting Agreements: New Zealand
5.29 The New Zealand Care of Children Act 2004 encourages parents and
guardians to agree on their own arrangements for the care of their children.
When an agreement is not working in practice the 2004 Act also encourages
parents and guardians to sort out their differences themselves. The Family
Court arranges free counselling, if necessary, to help them come to a new
agreement. Only as a last resort will the Court become involved and settle the
disagreement by making a parenting order. As under the Australian 1975 Act
(as amended in 2006) a parenting agreement cannot be enforced like a Court
order or a commercial contract can. However, parents and guardians can apply
to the Family Court to have a parenting agreement made into a Court order.
The terms of the agreement can then be enforced like any other Court order.
5.30 The Commission invites submissions as to whether separating and
divorcing parents should be encouraged to develop parenting plans.
171